President Meta decrees the law 37/2018 to be reviewed by the Albanian Assembly

27 July 2018 President Meta decrees the law 37/2018 to be reviewed by the Albanian Assembly

In compliance to article 85, item 1 of the Constitution of the Republic of Albania, and in full respect of principles of transparency and right to information of the public opinion, the President of the Republic informs of his decision, July 27, 2018, to decree the return to Parliament of the Law no. 37/2018 “For the establishment of a special procedure in negotiating and enacting a contract object to: Designing and implementing the urban project and the new building of the National Theatre” for further review, based upon the following arguments:

1. First, this law violates the principles of “legal equality” and “freedom of economic activity of citizens”, explicitly safeguarded by the Constitution.

2. Second, the law no. 37/2018 is not in harmony with the basic constitutional principles of national identity and national heritage, upon which the citizens of the Republic of Albania have decided to build and develop their state.

3. Third, the law no. 37/2018 violates the principles of the European Convention of Non-material Cultural Heritage, endorsed in Paris in 2003, breaching an international law that is legally binding in the Republic of Albania.

4. Forth, the law no. 37/2018 seriously infringes the constitutional principles of “decentralization” and “local autonomy” of the organization and functioning of local government, also in violation of the principle of “separation and balance of power”.

5. Fifth, the law no. 37/2018 is against the standards and values of the European Union and the SAA provisions, whose implementation is a legal obligation and top priority for the Republic of Albania.

6. Sixth, the law no. 37/2018 is not based in an inclusive and comprehensive assessment for the alienation of public property, and its rapport to the economic benefits of the Albanian state and of the public interest.

7. Seventh, this law is not in harmony with the prevailing principles and standards as set by the legislation in force in the Republic of Albania.

8. Eighth, upon approval, the law no. 37/2018 has not been subject to an exhaustive assessment and verification of the status of real estate included in this project. For more, the provisions of this law create legal uncertainties in exercising property rights, regarding both, public as well as private property rights.

9. Last, in current circumstances, whereby the Constitutional Court of the Republic of Albania is not functional and cannot corroborate upon these finding, nor resolve any constitutional disagreement generated by this exceptional legal act, the President invites the Albanian Parliament to review in its entirety the law no. 37/2018 “For the establishment of a special procedure in negotiating and enacting a contract object to: Designing and implementing the urban project and the new building of the National Theatre”.